The State Attorney says it chose white lawyers to represent the Broad-Based Black Economic Empowerment Commission because of their experience "irrespective of their colour of skin" – and said a judge's demand for an explanation about this was "impermissible".
"We submit with respect that [the Broad-Based Black Economic Empowerment Commission and its Commissioner] stand by the issues they have formulated and that it is impermissible for the court to raise new issues and compel us to deal with matters other than those which the parties have formulated in the affidavits," State attorney NR Baloyi said.
He stressed the issue of the racial profile of the lawyers in the dispute "has got nothing whatsoever to do with the merits of the case".